Force Majeure 2. 5.1 DEFINITION (a) For the purposes of this Concession Agreement, “Force Majeure” or “Force Majeure Event” means an event or circumstance or combination of events or circumstances which prevents the Party claiming Force Majeure (the “Affected Party”) from performing its obligations under this Concession Agreement and which event or circumstance: (i) which is beyond the reasonable control and not arising out of the default of the Affected Party; (ii) the Affected Party has been unable to overcome such circumstance or event by the exercise of due diligence and reasonable efforts, skill and care; and (iii) which has a Material Adverse Effect on the subsistence of this Concession Agreement. Such events or circumstances shall include, without limitation: a) war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy in each case involving or directly affecting India; b) revolution, riot, insurrection or other civil commotion, act of terrorism or sabotage in each case within India; c) nuclear explosion, radioactive or chemical contamination or ionizing radiation directly affecting the Project, unless the source or cause of the explosion, contamination, radiation or hazardous thing is brought to or near the Project by the Concessionaire/Agency or any Concessionaire/Agency or Sub-Concessionaire of the Concessionaire/Agency or any such affiliate or any of their respective employees, servants or agents; d) strikes, working-to-rule, go-slows and/or lockouts which are in each case widespread, nationwide or political; e) any effect of the natural elements, including lighting, fire, earthquake, unprecedented rains, tidal wave, flood, storm, cyclone, typhoon or tornado, at the site of the Project; f) explosion (other than a nuclear explosion or an explosion resulting from an act of war) within India; g) epidemic or plague within India; h) any judgment or order of any court of competent jurisdiction or statutory ULB made against the Concessionaire/Agency in any proceedings for reasons other than (i) failure of the Concessionaire/Agency to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any Concession Agreement, or (iii) enforcement of this Concession Agreement, or (iv) exercise of any of its rights under this Concession Agreement by the ULB; i) Change in Law, only if consequences thereof cannot be dealt with under and in accordance with the provisions of GC Clause...
Force Majeure 2. 8.1. The party shall not be responsible for delay or non-performance of the Contract which are affected by a force majeure event but shall promptly notify the other party in writing and furnish sufficient proof of the occurrence and duration of such force majeure event. If the force majeure event lasts for more than six (6) months, either Party has the right to terminate the Contract. 2.8.2. “Force Majeure” means an event which is beyond the control of the Parties, not foreseeable and unavoidable. Such events may include but not restricted to, war or revolution, fires, floods, epidemics, quarantine restrictions, and freight embargoes.
Force Majeure 2. 5.1 Definition For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party and which makes a Party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances.
Force Majeure 2. 7.1 Definition (a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable, and which makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by Government agencies. (b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Sub-consultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected both to take into account at the time of the conclusion of this Contract and avoid or overcome in the carrying out of its obligations hereunder. (c) Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder. 2.7.2
Force Majeure 2. 7.1 Definition For the purposes of this Contract, “Force Majeure” means any event which is beyond the reasonable control of a Party and which makes a Party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial actions (except where such strikes, lockouts or other industrial actions are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies. Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Sub-consultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Contract and (B) avoid or overcome in the carrying out of its obligations hereunder. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder. 2.7.2
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